Free Cross Motion [Dispositive] - District Court of Federal Claims - federal

Case 1:05-cv-01236-LMB

Document 24

Filed 07/27/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS EVA P. WHITE, as Administratrix ) of the Estate of CHRISTINE H. ) ROBERTS, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 05-1236C (Judge Baskir)

DEFENDANT'S CROSS-MOTION FOR JUDGMENT UPON THE ADMINISTRATIVE RECORD AND IN OPPOSITION TO PLAINTIFF'S MOTION FOR JUDGMENT UPON THE ADMINISTRATIVE RECORD Pursuant to Rule 52.1(b)1 of the Rules of the United States Court of Federal Claims, defendant, the United States, respectfully requests that the Court grant defendant's cross-motion and deny plaintiff's motion for judgment upon the administrative record. In support of this motion, defendant relies upon the complaint, the following brief, the administrative record, and the consolidated statement of uncontroverted facts to be filed by the defendant at the close of briefing.

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On June 20, 2006, new Rule 52.1 replaced Rule 56.1. Notice of Adoption of Amendments to Rules, June 20, 2006. The new rule is applicable to pending proceedings "except to the extent that in the opinion of the [C]ourt [its] application . . . would not be feasible. . . ." RCFC 86.

Case 1:05-cv-01236-LMB

Document 24

Filed 07/27/2006

Page 2 of 2

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Patricia M. McCarthy for Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director Of Counsel: JASON P. COOLEY Attorney Advisor Office of the General Counsel Office of Justice Programs Department of Justice 810 7th Street, N.W. Washington, D.C. 20531 s/Allison Kidd-Miller ALLISON KIDD-MILLER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St. Washington, D.C. 20530 Tel: (202) 307-3050 Fax: (202) 307-0972 Attorneys for Defendant

July 27, 2006

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